But Tim Benyo, chief clerk of the Lehigh County Election Board, notified the city on Feb. 21 that the referendum requirements had not been met, according to a letter obtained by The Express-Times.

The county election office had not received any petitions by Feb. 19, the required 13th Tuesday before the election deadline, according to the letter.

Benyo said while the city directed the county to place the referendum question on the ballot, he could not do so because requirements under the Pennsylvania Constitution and Election Code had not been met.

"While the Lehigh County Election Board wishes to honor any obligation to the City under its Home Rule Charter, that charter cannot change superseding state law governing this office," the letter reads.

Benyo could not be reached for comment late this evening.

Allentown Mayor Ed Pawlowski said he is aware of Benyo's letter, but he said the non-compliance issue was determined solely by the county, not the city.

"We did everything we were supposed to do, it's really up to the county board of elections at this point," Pawlowski said. "It's not our call, it's their call. We have nothing to do with it."

In his letter, Benyo said the referendum committee would not be prohibited from placing a referendum on the November ballot if their petitions comply with state law at that time.